February 22, 2001





HOUSE BILL No. 1195

_____


DIGEST OF HB 1195 (Updated February 21, 2001 3:33 PM - DI 75)



Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10; IC 3-11; IC 3-12; IC 3-13.

Synopsis: Various election law matters. Makes the following changes in election law: (1) Provides that a person is not disqualified from serving as a precinct election official because the person is related to a candidate in that precinct, if the candidate is unopposed. (2) Establishes deadlines for candidate challenges. (3) Specifies when a candidate's committee statement of organization is to be filed. (4) Specifies that write-in candidates are required to file all campaign finance reports. (5) Revises language regarding ballot card colors. (6) Resolves a conflict in statutes regarding public access to election materials. (7) Requires an individual registering to vote to provide the last four digits of the individual's Social Security Number, the individual's driver's license number, or the individual's state issued identification card number. Requires precinct election officials to request of each voter at the polls the voter's Social Security Number, the voter's driver's license number, or the voter's state issued identification card number. Provides that a voter is not required to provide any of these identification numbers at the polls. (8) Makes technical changes. (The introduced version of this bill was prepared by the census data advisory committee.)

Effective: July 1, 2001.





Kromkowski, Richardson




    January 9, 2001, read first time and referred to Committee on Elections and Apportionment.
    February 21, 2001, amended, reported _ Do Pass.







February 22, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1195



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-5-2-50.1; (01)HB1195.1.1. -->     SECTION 1. IC 3-5-2-50.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 50.1. "Voter identification number" refers to any of the following numbers chosen by a voter:
        (1) The last four (4) digits of the voter's Social Security number.
        (2) The voter's driver's license number issued under IC 9-24-11.
        (3) The voter's identification card number issued under IC 9-24-16.

SOURCE: IC 3-6-6-7; (01)HB1195.1.2. -->     SECTION 2. IC 3-6-6-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) An otherwise qualified person is eligible to serve as a precinct election officer unless the person: any of the following apply:
        (1) The person is unable to read, write, and speak the English language.
        (2) The person has any property bet or wagered on the result of

the election.
        (3) The person is a candidate to be voted for at the election, except as an unopposed candidate for a precinct committeeman or state convention delegate. or
        (4) The person is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election except an unopposed candidate. in that precinct. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption. This subdivision does not disqualify a person from serving as a precinct election officer if the candidate to whom the person is related is an unopposed candidate.
    (b) In addition to the requirements of subsection (a), a person is not eligible to serve as an inspector if the person is the chairman or treasurer of the committee of a candidate whose name appears on the ballot.

SOURCE: IC 3-7-26-7; (01)HB1195.1.3. -->     SECTION 3. IC 3-7-26-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The circuit court clerk or board of registration shall provide the following information in a format prescribed by the commission for each voter who is registered in the county:
        (1) Name.
        (2) Address, in the form of:
            (A) a physical address, in a city or town where a street address is insufficient to provide United States Postal Service delivery; and
            (B) a mailing address, as recognized by the local United States Postal Service office, including city or town, state, and zip code;
        in separate data fields, according to commission formatting standards.
        (3) Date of birth.
        (4) Township.
        (5) Ward, if applicable.
        (6) Precinct.
        (7) State senate district and house of representatives district.
        (8) Congressional district.
        (9) Gender.
        (10) Telephone number, if available.
        (11) Voting history for the previous ten (10) year period if

available.
        (12) A unique field established for each registered voter, so that future submissions may be linked and cross-referenced with previous data submitted by the county.
        (13) Date of registration.
         (14) Voter identification number.

SOURCE: IC 3-7-31-5; (01)HB1195.1.4. -->     SECTION 4. IC 3-7-31-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. The registration forms prescribed under section 1 of this chapter must:
        (1) provide for the residence address and the mailing address of the individual completing the forms;
        (2) contain a statement that a notice of disposition of the person's registration application will be mailed to the mailing address of the individual; and
        (3) request the Social Security require the applicant to provide the applicant's voter identification number. of the applicant, as permitted under the federal Privacy Act of 1974 (5 U.S.C. 552a).
SOURCE: IC 3-8-2-14; (01)HB1195.1.5. -->     SECTION 5. IC 3-8-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) All questions concerning This subsection applies to a declaration of candidacy filed with the secretary of state. A statement questioning the validity of a declaration of candidacy must be filed with the election division under IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the primary election. A statement questioning the validity of a declaration filed with the secretary of state shall be referred to and determined by the commission in accordance with the deadline prescribed by section 18 of this chapter.
    (b) All questions concerning This subsection applies to a declaration of candidacy filed with a circuit court clerk. A statement questioning the validity of a declaration must be filed with the county election board under IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the primary election. A statement questioning the validity of a declaration of candidacy filed with a circuit court clerk shall be referred to and determined by the county election board not later than the fifty-fourth day noon fifty-four (54) days before the date of the primary election.
    (c) A statement questioning the validity of a declaration of intent to be a write-in candidate must be filed with the election division or the county election board under IC 3-8-1-2 not later than noon fourteen (14) days before election day. A question concerning the validity of a declaration of intent to be a write-in candidate shall be determined by the commission or the county election board not later

than noon seven (7) days before election day.

SOURCE: IC 3-8-2-18; (01)HB1195.1.6. -->     SECTION 6. IC 3-8-2-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) The commission shall act upon a question concerning a declaration of candidacy not later than the fifty-fourth day noon fifty-four (54) days before the date of the primary election.
    (b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted by the commission under subsection (a). The election division is required to give the best possible notice of the meeting to a person that the election division identifies as an interested party. Unless a written objection is filed with the election division before the end of the meeting, appearance in person or by counsel at the commission's meeting to act under subsection (a) constitutes an admission that adequate notice of the meeting has been given.
SOURCE: IC 3-8-6-14; (01)HB1195.1.7. -->     SECTION 7. IC 3-8-6-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) A person may not be selected as a candidate by petition of nomination without giving written consent and having it filed with the public official with whom certificates and petitions of nomination are required to be filed.
    (b) Each candidate nominated by petition of nomination must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including the filing of statements of economic interest.
    (c) All questions concerning This subsection applies to a petition of nomination filed with the secretary of state. A statement questioning the validity of a petition of nomination must be filed with the election division under IC 3-8-1-2 not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office. A statement questioning the validity of a petition of nomination filed with the secretary of state shall be referred to and determined by the commission.
    (d) All questions concerning This subsection applies to a petition of nomination filed with a circuit court clerk. A statement questioning the validity of a petition of nomination must be filed with the county election board under IC 3-8-1-2 not later than noon seventy (74) days before the date on which the general or municipal election will be held for the office. A statement questioning the validity of a petition of nomination filed with a circuit court clerk shall be referred to and determined by the county election board.
    (e) This subsection does not apply to a petition of nomination for

election to a school board office subject to IC 3-8-2-14. The commission or a county election board shall rule on the validity of the petition of nomination not later than noon sixty (60) days before the date on which the general or municipal election will be held for the office.

SOURCE: IC 3-9-1-5; (01)HB1195.1.8. -->     SECTION 8. IC 3-9-1-5, AS AMENDED BY P.L.26-2000, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) This section does not apply to the following candidates:
        (1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year.
        (2) A candidate for a school board office.
    (b) Each candidate shall have a principal committee.
    (c) Not later than:
        (1) noon ten (10) days after becoming a candidate; or
        (2) noon seven (7) days after the final date and hour for filing a:
            (A) declaration of candidacy under IC 3-8-2;
            (B) petition of nomination under IC 3-8-6;
            (C) certificate of nomination under IC 3-8-7-8;
            (D) certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or
            (E) declaration of intent to be a write-in candidate under IC 3-8-2;
        whichever occurs first;
the A candidate shall file a written instrument designating the name of the principal committee and the names of the chairman and treasurer of the committee. The written instrument must be filed not later than the earliest of the following:
        (1) Noon ten (10) days after becoming a candidate.
        (2) Noon seven (7) days after the final date and hour for filing any of the following, whichever applies to the candidate:
            (A) A declaration of candidacy under IC 3-8-2.
            (B) A petition of nomination under IC 3-8-6.
            (C) A certificate of nomination under IC 3-8-7-8.
            (D) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
            (E) A declaration of intent to be a write-in candidate under IC 3-8-2.
        (3) The date a candidate is required to file the candidate's first campaign finance report under IC 3-9-5.

    (d) This designation may be made on the same instrument as the statement of organization required from the principal committee.
SOURCE: IC 3-9-5-9; (01)HB1195.1.9. -->     SECTION 9. IC 3-9-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) Except as provided in subsection subsections (b) and (c), in a year in which a candidate does is not appear on an a candidate for election ballot for an to an office to which this article applies or does not seek nomination at a caucus or state convention for election to an office to which this article applies, the treasurer of the candidate's committee shall file only the report required by section 10 of this chapter.
    (b) This subsection applies to a candidate who holds one (1) office and is a candidate for a different office (or has filed a statement of organization for an exploratory committee without indicating that the individual is a candidate for a specific office). The treasurer of the candidate's committee for the office the candidate holds shall file the following reports:
        (1) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from January 1 until twenty-five (25) days before the primary election, the treasurer shall file a pre-primary report under section 6 of this chapter.
        (2) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from twenty-five (25) days before the primary election until twenty-five (25) days before the general election, the treasurer shall file a pre-general election report under section 6 of this chapter.
        (3) The report required under section 10 of this chapter.
    (c) This subsection applies to a candidate who is required to file a pre-primary report or pre-convention report under section 6 of this chapter and who:
        (1) is defeated at the primary election or convention; or
        (2) withdraws or is disqualified as a candidate before the general election.
The treasurer of a candidate's committee described by this subsection is not required to file a pre-general election report under section 6 of this chapter but shall file the report required by section 10 of this chapter.
SOURCE: IC 3-10-1-24; (01)HB1195.1.10. -->     SECTION 10. IC 3-10-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. (a) A voter who desires to vote must give the voter's name and political party to the poll clerks of the precinct on primary election day. The poll clerks shall require the voter to write the following on the poll list:
        (1) The voter's name.
        (2) The voter's current residence address.
        (3) The name of the voter's party.
    (b) The poll clerks shall:
        (1) request the voter to provide the voter's voter identification number;
        (2) inform the voter what numbers the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide a voter identification number at the polls.

     (c) If the voter is unable to sign the voter's name, the voter must sign the poll list by mark, which must be witnessed by one (1) of the poll clerks or assistant poll clerks acting under IC 3-6-6, who shall place the poll clerk's or assistant poll clerk's initials after or under the mark.
SOURCE: IC 3-10-1-31; (01)HB1195.1.11. -->     SECTION 11. IC 3-10-1-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 31. (a) The inspector of each precinct shall deliver the bags required by section 30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and other forms, to the circuit court clerk when making returns.
    (b) Except for unused ballots disposed of under IC 3-11-3-31, the circuit court clerk shall carefully preserve the ballots and other material and keep all seals intact for twenty-two (22) months, as required by 42 U.S.C. 1974, after which they may be destroyed unless:
        (1) an order issued under IC 3-12-6-19 or IC 3-12-11-16; or
        (2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
    (c) Upon delivery of the poll lists, the circuit court clerk or board of registration may unseal the envelopes containing the poll lists. For the purposes of:
        (1) a cancellation of registration conducted under IC 3-7-43 through IC 3-7-46; or
        (2) a transfer of registration conducted under IC 3-7-39, IC 3-7-40, or IC 3-7-42;
the clerk or board may inspect the poll lists and update the registration record of the county. The clerk or board shall use the poll lists to update the registration record to include the voter's voter identification number if the voter identification number is not already included in the registration record. Upon completion of the inspection, the poll list shall be resealed and preserved with the ballots and other materials for the time period prescribed by subsection (b).
    (d) After the expiration of the period described in subsection (b), the ballots may be destroyed in the manner provided by IC 3-11-3-31 or transferred to a state educational institution as provided by IC 3-12-2-12.
SOURCE: IC 3-11-3-18; (01)HB1195.1.12. -->     SECTION 12. IC 3-11-3-18 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) At the extreme top of a poll list sheet the heading "VOTERS POLL LIST" should appear, followed by the following information:
        (1) The type of election.
        (2) The date of the election.
        (3) The name of the precinct, township (or ward), and county.
    (b) Following the information required in subsection (a), the following headings should appear from left to right on each sheet:
        (1) "Signature of Voter".
        (2) "Address of Voter".
        (3) "Voter Identification Number (Optional)".
         (4) "If any voter shows his or her ballot after being marked, or by accident mutilates or defaces his or her ballot, note it in this column. Also note any other irregularity in this column.".

SOURCE: IC 3-11-8-25; (01)HB1195.1.13. -->     SECTION 13. IC 3-11-8-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 25. (a) After a voter has passed the challengers or has been sworn in, the voter shall be admitted to the polls. Upon entering the polls, the voter shall announce the voter's name to the poll clerks or assistant poll clerks. A poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to sign write the following on the poll list:
         (1) The voter's name. and
         (2) The voter's current residence address. of residence.
    (b) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
        (1) request the voter to provide the voter's voter identification number;
        (2) inform the voter what numbers the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide a voter identification number at the polls.

     (c) This subsection does not apply to a precinct in a county with a computerized registration system whose inspector was:
        (1) furnished with a list certified under IC 3-7-29; and
        (2) not furnished with a certified photocopy of the signature on the affidavit of registration of each voter of the precinct for the comparison of signatures under this section.
In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29. If the board determines that the voter's signature is authentic, the voter may then vote. If either poll clerk doubts the voter's

identity following comparison of the signatures the poll clerk shall challenge the voter in the manner prescribed by section 21 of this chapter.
    (c) (d) If, in a precinct governed by subsection (b): (c):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22 of this chapter or had executed the affidavit before signing the poll list;
the voter may then vote.

SOURCE: IC 3-11-8-26; (01)HB1195.1.14. -->     SECTION 14. IC 3-11-8-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. (a) If a voter:
        (1) cannot sign; or
        (2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the voter to be.
     (b) If satisfied as to the voter's identity under subsection (a), one (1) of the poll clerks shall then place the following on the poll list:
         (1) The voter's name. of the voter and
         (2) The voter's current residence address. of residence.
    (c) The poll clerks shall:
        (1) request the voter to provide the voter's voter identification number;
        (2) inform the voter what numbers the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide a voter identification number at the polls.
    (d)
The poll clerk shall then add the clerk's initials in parentheses, after or under the signature. The voter then may vote.
SOURCE: IC 3-11-13-21; (01)HB1195.1.15. -->     SECTION 15. IC 3-11-13-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21. In a primary election, the ballot cards of each political party must be distinctively marked or be of a different color or tint so that the ballot cards of each party are easily distinguishable.
SOURCE: IC 3-12-4-13; (01)HB1195.1.16. -->     SECTION 16. IC 3-12-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. After the county election board has tabulated the vote:
        (1) the canvass sheets used by the board; and
        (2) the certificates, poll lists, and tally papers returned by each inspector in the county;
shall be delivered to the circuit court clerk. The clerk shall file and

preserve all the material in the clerk's office open to inspection by any voter. as provided in IC 3-10-1-31.

SOURCE: IC 3-13-1-16.5; (01)HB1195.1.17. -->     SECTION 17. IC 3-13-1-16.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16.5. (a) This subsection applies to a certificate of candidate selection filed with the election division. A statement questioning the validity of a certificate of candidate selection must be filed with the election division under IC 3-8-1-2 not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office. All questions concerning the validity of a certificate of candidate selection filed with the election division shall be determined by the commission.
    (b) This subsection applies to a certificate of candidate selection filed with a circuit court clerk. A statement questioning the validity of a certificate of candidate selection must be filed with the county election board under IC 3-8-1-2 not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office. All questions concerning the validity of a certificate of candidate selection filed with a circuit court clerk shall be referred to and determined by the county election board.
    (c) The commission or a county election board shall rule on the validity of the certificate of candidate selection not later than noon October 1 following the filing of the certificate. sixty (60) days before the date on which the general or municipal election will be held for the office.
SOURCE: IC 3-13-2-11; (01)HB1195.1.18. -->     SECTION 18. IC 3-13-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) This subsection applies to a certificate of candidate selection filed with the election division. A statement questioning the validity of a certificate of candidate selection must be filed with the election division under IC 3-8-1-2 not later than noon fourteen (14) days before general election day. All questions concerning the validity of a certificate of candidate selection filed with the election division shall be determined by the commission.
    (b) This subsection applies to a certificate of candidate selection filed with a circuit court clerk. A statement questioning the validity of a certificate of candidate selection must be filed with the county election board under IC 3-8-1-2 not later than noon fourteen (14) days before general election day. All questions concerning the validity of a certificate of candidate selection filed with a circuit court clerk shall be determined by the county election board.
    (c) The commission or a county election board shall rule on the

validity of the certificate of candidate selection not later than noon seven (7) days before general election day.

SOURCE: IC 3-13-11-9; (01)HB1195.1.19. -->     SECTION 19. IC 3-13-11-9, AS AMENDED BY P.L.26-2000, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) Except as provided in this section, voting by proxy is not permitted in a caucus held under this chapter.
    (b) A precinct vice committeeman is entitled to participate in a caucus held under this chapter and vote as a proxy for the vice committeeman's precinct committeeman if all of the following apply:
        (1) The vice committeeman's precinct committeeman is otherwise eligible to participate in the caucus under this chapter. This subdivision is satisfied if the vacancy to be filled under this chapter resulted from the death of an individual holding a local office who also served as a precinct committeeman.
        (2) The vice committeeman's precinct committeeman is not present at the caucus.
        (3) The vice committeeman is eligible under this section.
    (c) The vice committeeman of an elected precinct committeeman is eligible to participate in a caucus held under this chapter and vote the precinct committeeman's proxy, regardless of when the ballot vacancy occurred, if the vice committeeman was the vice committeeman five (5) days before the date of the caucus.
    (d) If a vice committeeman is not eligible under subsection (c), the vice committeeman is eligible to participate in a caucus held under this chapter and vote the precinct committeeman's proxy only if the vice committeeman was the vice committeeman thirty (30) days before the ballot vacancy occurred.